Page:United States Statutes at Large Volume 110 Part 1.djvu/101

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 77 tion without degeneration, and to interact in concert with one another. "SEC. 257. MARKET ENTRY BARRIERS PROCEEDING. 47 USC 257. "(a) ELIMINATION OF BARRIERS.—Within 15 months after the Regtiiations. date of enactment of the Telecommimications Act of 1996, the Commission shall complete a proceeding for the purpose of identify- ing and eliminating, by regulations pursuant to its authority under this Act (other than this section), market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services, or in the provision of parts or services to providers of telecommunications services and information services. "(b) NATIONAL POLICY.— In carrying out subsection (a), the Commission shall seek to promote the policies and purposes of this Act favoring diversity of media voices, vigorous economic competition, technological advancement, and promotion of the public interest, convenience, and necessity. "(c) PERIODIC REVIEW. —Every 3 years following the completion Reports. of the proceeding required by subsection (a), the Commission shall review and report to Congress on— "(1) any regulations prescribed to eliminate barriers within its jurisdiction that are identified under subsection (a) and that can be prescribed consistent with the public interest, convenience, and necessity; and "(2) the statutory barriers identified under subsection (a) that the Commission recommends be eliminated, consistent with the public interest, convenience, and necessity. "SEC. 258. ILLEGAL CHANGES IN SUBSCRIBER CARRIER SELECTIONS. 47 USC 258. "(a) PROHIBITION.— No telecommunications carrier shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with such verification procedures as the Commission shall prescribe. Nothing in this section shall preclude any State commission from enforcing such procedures with respect to intrastate services. "(b) LIABILITY FOR CHARGES.— Any telecommunications carrier that violates the verification procedures described in subsection (a) and that collects charges for telephone exchange service or telephone toll sei^^ice from a subscriber shall be liable to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation, in accordance with such procedures as the Commission may prescribe. The remedies provided by this subsection are in addition to any other remedies available by law. "SEC. 259. INFRASTRUCTURE SHARING. "(a) REGULATIONS REQUIRED. —The Commission shall prescribe, within one year after the date of enactment of the Telecommunications Act of 1996, regulations that require incumbent local exchange carriers (as defined in section 251(h)) to make available to any qualifying carrier such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested by such qualifying carrier for the purpose of enabling such qualifying carrier to provide telecommunications services, or to provide access to information services, in the service area in which such qualifying carrier has requested 47 USC 259.

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